Alabama Republican Party Calls for Changes to Law in Light of Roy Moore’s Suspension From Bench

MONTGOMERY, Ala. — The Republican Party of Alabama has passed a resolution calling for changes to state law in relation to how it handles judges who have been accused of ethics violations in light of the recent suspension of Alabama Chief Justice Roy Moore.

The Alabama Republican State Executive Committee says that state law requiring the automatic suspension of accused judges “is an arbitrary and unwarranted punitive measure” because it lacks due process.

“Judges may be subject to false charges by unethical individuals and organizations who are not seeking justice, but seek to cause them unwarranted harm,” the passed resolution, presented by local pastor James Henderson, reads in part.

“[T]he Alabama State Judicial Inquiry Commission (JIC) has the legal duty to objectively and fairly function in a manner similar to a grand jury in investigating allegations of ethics violations brought against state judges and recommending trial by the Court of the Judiciary when warranted,” it says.

The Alabama GOP also requests the state enact a law requiring that members of the JIC be elected by the people instead of appointed by state leaders.

“[T]he Alabama State Judicial Inquiry Commission has the duty to adhere to the law and to be accountable to the citizens of Alabama in the proper performance of their duties,” the resolution states. “[T]he voters of Alabama have long established by law that the election of state officials by the voters is preferred over their appointment, in order to assure their accountability.”

“The current situation allows the JIC too much power and the ability to punish judges without due process,” Mat Staver of Liberty Counsel, which is representing Moore, said in a statement supporting the resolution. “Chief Justice Roy Moore should have never been suspended from his bench from these baseless charges.”

“The JIC has become an arm of the Southern Poverty Law Center and other politically-motivated groups. The JIC is not supposed to be politically biased but it has become so. The JIC needs to be reigned in,” he stated.

As previously reported, Moore was suspended from the bench in May and now faces possible removal after the homosexual advocacy groups Southern Poverty Law Center, People for the American Way, the Human Rights Campaign, and a drag queen who goes by the name Ambrosia Starling, pressed the JIC to take action against Moore.

The situation began in 2013 when two lesbians in the state sued Gov. Robert Bentley, Attorney General Luther Strange and Mobile County Probate Judge Don Davis—among others—in an attempt to overturn Alabama’s marriage amendment after one of the women was denied from adopting the other woman’s child.

In January 2015, U.S. District Judge Ginny Granade ruled in favor of the women, prompting Moore to send a memo to probate judges throughout the state, advising that they are not required to issue “marriage” licenses to same-sex couples as he believed that Grenade’s ruling only applied to the two women.

Moore also wrote a letter to Gov. Robert Bentley, urging him to “uphold and support the Alabama Constitution with respect to marriage, both for the welfare of this state and for our posterity.”

“Be advised that I will stand with you to stop judicial tyranny and any unlawful opinions issued without constitutional authority,” he stated.

The Southern Poverty Law Center (SPLC) then filed a judicial ethics complaint against Moore over his letter to Gov. Bentley, and the homosexual activist group Human Rights Campaign (HRC) submitted 28,000 petition signatures to the JIC calling for Moore’s removal.

As confusion ensued over Moore’s letter to probate judges, one judge, John Enslen of Elmore County, asked the full Alabama Supreme Court for further guidance. In March 2015, six of the nine judges of the Alabama Supreme Court released a historic order halting the issuance of same-sex “marriage” licenses in the state. Moore recused himself from the matter and was not included in the order.

“As it has done for approximately two centuries, Alabama law allows for ‘marriage’ between only one man and one woman,” the 148-page order read. “Alabama probate judges have a ministerial duty not to issue any marriage license contrary to this law. Nothing in the United States Constitution alters or overrides this duty.”

In January, Moore sent another letter advising that the full court’s would remain in effect until it issued directives in light of the U.S. Supreme Court ruling in Obergefell v. Hodges.

“Until further decision by the Alabama Supreme Court, the existing orders of the Alabama Supreme Court that Alabama probate judges have a ministerial duty not to issue any marriage license contrary to the Alabama Sanctity of Marriage Amendment or the Alabama Marriage Protection Act remain in full force and effect,” he wrote on Jan. 6.

He also noted that his order does not weigh in on how June’s U.S. Supreme Court ruling has impact on the Alabama Supreme Court’s directive, and said that it was not his place to make that determination.

“I am not at liberty to provide any guidance to Alabama probate judges on the effect of Obergefell on the existing orders of the Alabama Supreme Court. That issue remains before the entire court, which continues to deliberate on the matter,” Moore wrote.

In May, the Alabama Judicial Inquiry Commission (JIC) announced that it had filed ethics charges against Moore, and suspended the chief justice while he faces a trial before the Alabama Court of the Judiciary, which is scheduled for Sept. 28.

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bill@19D

To be clear, Roy Moore tried to encourage defiance of the Federal courts and their ruling on marriage. The goal was to get jurisdictions to refuse to grant marriage licenses to gay couples even after the law blocking those marriages was struck down. Roy Moore acted in an unethical manner placing his own ideology over the proper application of the law and thus he put himself in the position he is in now. If he had not attempted to obstruct the federal courts he would not have faced the ethics charges that he faces.

Grace Kim Kwon

No Judeo-Christian values = No lawfulness on Planet Earth. All Westerners must admit this self-evident fact in the 21st century. De-christianized USA only promotes and forces blasphemy, infanticide, suicide, sexual perversion, and child-abuse by prohibiting morality. An utter reverse of being a good guy and the nightmare of all good American forefathers. USA needs Christianity to be good and to do what is right. Sodom’s lawfulness is actually utter lawlessness. ( Jude ch.1) USA is NOTHING apart from Christianity, as a man is only despicable apart from the God-given truth and conscience. Americans need Christianity for salvation and morality and lawfulness just like all other Earthlings do.

bill@19D

There is a difference between having Judeo-Christian values and forcing religious ideology on people via the force of law. The former is a good thing, the latter is not at all a good thing but rather an enemy to freedom.

take this case for example, Roy Moore wanted to put his religious belief about marriage ahead of the law to the point of trying to obstruct the federal courts. that kind of attempt to impose religious ideology is not what our country should be about and furthermore not only is it not good for our nation but it is also not good for Christianity.

Grace Kim Kwon

The West including USA has no human rights or freedom or fairness without Christianity. Secular West should stop abandoning Christianity. Justice Roy Moore is the only kind of Americans who truly love the homeland and establish truth therefore freedom. Same-sex “marriage” is not marriage but a perversion. Well-fed perv West has no rights to impose its sick depravity upon mankind. The Holy Bible is the objective truth.

Dean Lewis

You are a sick *f*k* and deserve to be thrown in jail with someone throwing away the key. You are a Satanic Hack hiding in sheep’s clothing. Godless and disgusting.

This action triggered an ethic violation inquiry. This is nothing new to Judge Moore being that he had previously been removed from his position for defying higher court’s rulings.

Now, some Alabama Republicans (and conservative Christian organizations) no longer care for the existing state laws that protect the citizens of Alabama from judicial activism. They want to change the laws to make the judicial branch beholden to partisan politics.

The Alabama GOP also requests the state enact a law requiring that members of the JIC be elected by the people instead of appointed by state leaders.

The following is how the JIC is currently comprised;

The commission consists of nine members: four judges, two lawyers and three members of the public. All members have four-year terms.

The judicial members include one appellate judge from a court other than the supreme court, who is selected by the supreme court; two circuit court judges, who are selected by the Alabama Circuit Judges Association; and one district judge, who is selected by the governor and confirmed by the Alabama State Senate before serving.

The lawyers, who must be members of the Alabama State Bar, are selected by the state bar’s governing body.

The members of the public are selected by the governor and are subject to confirmation by the Senate before serving.

Some conservative activist groups want to end this fair and reasoned system to replace it with a system that values partisan politics over the rule of law.

I find this to be disgusting.

Ambulance Chaser

“Chief Justice Roy Moore should have never been suspended from his bench from these baseless charges.”

What’s “baseless” about them? He’s on record not only admitting to having done what he has been charged with, but proudly announcing it, repeatedly.

“Moore also wrote a letter to Gov. Robert Bentley, urging him to “uphold and support the Alabama Constitution with respect to marriage, both for the welfare of this state and for our posterity.”

Why? That portion of the Obama constitution that forbid same sex marriage was ruled to be in violation of the US Constitution. There is nothing to “uphold.”

“Be advised that I will stand with you to stop judicial tyranny and any unlawful opinions issued without constitutional authority,”

Roy Moore’s opinion on what has Constitutional authority does not override the Supreme Court’s.

“Judges may be subject to false charges by unethical individuals and organizations who are not seeking justice, but seek to cause them unwarranted harm,” the passed resolution, presented by local pastor James Henderson, reads in part.

I think defying a SCOTUS ruling is very proper grounds for dismissal for any judge. However, I’m not surprised that conservatives are outraged about being forced to treat all citizens equally. Equality is just not biblical.

Croquet_Player

Judge Moore is a religious fanatic who is completely unable to be impartial and carry out his duties properly. It’s time for him to retire. It was absolutely right to yank him off the bench.

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